The political harmony of land disputes

Throughout Africa, development initiatives have granted renewed priority to land tenure research. Unfortunately, land disputes, as a focused area of study, have seldom been given deserved attention. This book has focused upon different kinds of customary land disputes involving people of varying social/political relationships in Swaziland. My argument has been that land disputes reflect significant, although subtle, changes in customary land tenure. These changes are revealed through analysis of dispute participants' case-by-case strategizing.

The model of political harmony presented in this book has considered important aspects of African land development and reform: the adaptability of customary land tenure; the compatibility of indigenous elite interests with development interests in land; and the processes of change in customary land law. The example of Swaziland demonstrates the resiliency of a system of customary land law, and its struggle to balance competing interests of traditional Swazi elites, new Swazi elites, Swazi commoners and foreign development agents/freehold landowners. This resiliency is ensured through the most important dimension of Swazi customary law and procedure – that of ‘respect’ (inhlonipho) for customary hierarchical status relationships. Swazi elites use customary procedures and ideologies to define the nature and borders of the hierarchical structure, and Swazi commoners find ways to manoeuvre within it. Land reforms emerge within the structure when status relationships and associated control are not threatened.